Case Citator › Shepard v. United States

Shepard v. United States

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of the United States
Citation
544 U.S. 13
Decided
Confirmed treatments
2
Flagged citations read
626 of 626
Citing cases (total)
4,371
Treatment dates
2006–2009
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. All 626 flagged citations to Shepard v. United States have been read. Two courts declined to extend its restriction on conviction records to proof of a defendant's identity or the existence of a conviction; those treatments are listed below.
More on how this was screened

The other opinions applied Shepard's rule or discussed the later treatment of different decisions.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

4,371 later cases cite Shepard v. United States; 626 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Shepard v. United States?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Ninth Circuit declined to extend Shepard's restriction on records used to characterize a conviction to proof that the conviction belonged to the defendant.

    United States v. Rivera-Grijalva · Ninth Circuit (unpublished) · filed

    Contrary to Rivera’s assertions, the limitations on documentation to determine whether a state conviction is a factual predicate for a federal sentencing enhancement outlined in Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), and Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), do not extend to this type of proof.
    Read the full opinion on CourtListener →

  • The First Circuit declined to extend Shepard's restriction on judicial records to proof that a prior conviction exists.

    United States v. Bryant · First Circuit · filed

    Specifically, Shepard concerned itself with the sources upon which a sentencing court can rely to determine the “character” of an offense. ... This is a different question than what we are presented with in the instant case. More precisely, we agree with our sister courts that Shepard does not control here because the Shepard Court “did not address what documents can be used to prove the fact of a prior conviction.”
    Read the full opinion on CourtListener →

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